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Dec 29, 2012
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the act was known as fisa. it forced the government to get permission from a special fisa court if, for example, they were tapping the phone of foreign agent and that guy happened to call an american. in the u.s., you need a warrant for that. president carter signed the bill into law in 1978. it was the law of the land for more than 20 years, until it got amended under president george w. bush. you might remember this. a patriot act and a number of other congressional acts vastly diminished fisa's privacy protections and expanded the goth's ability to spy on you and on me and all americans to tap our phones and read our e-mails. and in the end, you would probably never even know they were doing it. and we as a country, at that time, we had a huge fight about it. it was a major issue in the 2004 presidential campaign when president bush and john kerry. in the 2008 democratic primary, then senators clinton and obama, they fought about it. they even ended up voting on opposite sides of the issue when it came up fo
the act was known as fisa. it forced the government to get permission from a special fisa court if, for example, they were tapping the phone of foreign agent and that guy happened to call an american. in the u.s., you need a warrant for that. president carter signed the bill into law in 1978. it was the law of the land for more than 20 years, until it got amended under president george w. bush. you might remember this. a patriot act and a number of other congressional acts vastly diminished...
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102
Dec 29, 2012
12/12
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the act was known as fisa. it forced the government to get permission from a special fisa court if, for example, they were tapping the phone of foreign agent and that guy happened to call an american. in the u.s., you need a warrant for that. president carter signed the bill into law in 1978. it was the law of the land for more than 20 years, until it got amended under president george w. bush. you might remember this. a patriot act and a number of other congressional acts vastly diminished fisa's privacy protections and expanded the goth's ability to spy on you and on me and all americans to tap our phones and read our e-mails. and in the end, you would probably never even know they were doing it. and we as a country, at that time, we had a huge fight about it. it was a major issue in the 2004 presidential campaign when president bush and john kerry. in the 2008 democratic primary, then senators clinton and obama, they fought about it. they even ended up voting on opposite sides of the issue when it came up fo
the act was known as fisa. it forced the government to get permission from a special fisa court if, for example, they were tapping the phone of foreign agent and that guy happened to call an american. in the u.s., you need a warrant for that. president carter signed the bill into law in 1978. it was the law of the land for more than 20 years, until it got amended under president george w. bush. you might remember this. a patriot act and a number of other congressional acts vastly diminished...
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Dec 27, 2012
12/12
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fisa. whether this number is large or small, i believe we must enforce meaningful protections for circumstances when the government searches through its database of captured communications looking for information on individual american citizens. otherwise, by means of these so-called backdoor searches, the government may conduct significant warrantless surveillance of american persons. i believe this current practice is inconsistent with core fourth amendment privacy protections and needs to be reformed. during consideration of fisa in the judiciary committee, senator durbin and i introduced a bipartisan amendment to address this very problem. the language of our amendment is identical to that offered by senators wyden and udall during consideration of fisa by the select committee on intelligence. the amendment clarifies that section 702 does not permit the government to search its data base of fisa materials to identify communications of a particular united states person. in effect, it wou
fisa. whether this number is large or small, i believe we must enforce meaningful protections for circumstances when the government searches through its database of captured communications looking for information on individual american citizens. otherwise, by means of these so-called backdoor searches, the government may conduct significant warrantless surveillance of american persons. i believe this current practice is inconsistent with core fourth amendment privacy protections and needs to be...
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Dec 27, 2012
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abbreviated name is fisa. and when it was written in 1978, congress applied justice brandeis' principles to intelligence gathering. the congress said when they wrote the original fisa legislation in 1978, they really said that justice brandeis, you know, got it right with respect to how you ought to gather intelligence. so the original fisa statute stated that if the government wants to collect an american's communications for intelligence purposes, the government must go to a court, show evidence that the american is a terrorist or a spy, and get an individual warrant. this upheld the same principle that the founding fathers fought for in the revolution, it's the same principle enshrined in the bill of rights, and it said that government officials are not allow to invade americans' privacy unless they have specific evidence and an individual warrant. now, after 9/11, mr. president, the bush administration decided that it would seek additional surveillance authorities beyond what was in the original foreign in
abbreviated name is fisa. and when it was written in 1978, congress applied justice brandeis' principles to intelligence gathering. the congress said when they wrote the original fisa legislation in 1978, they really said that justice brandeis, you know, got it right with respect to how you ought to gather intelligence. so the original fisa statute stated that if the government wants to collect an american's communications for intelligence purposes, the government must go to a court, show...
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Dec 27, 2012
12/12
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similar to the authorities in title one of fisa, section 703 and 704 allow the fisa court to authorize collection against certain u.s. persons overseas. before the f.a.a., this type of collection was authorized by the attorney general and not by a court. the f.a.a. enhanced the protections for u.s. persons by requiring individual fisa court orders based on probable cause at the u.s. person is a foreign power, agent of a foreign power or an officer or employee of a foreign power. as i understand it, most of the actions to the f.a.a. relate to section 702 and would what we call incident ll -- incidental collection. i recommend again my colleagues review the unclassified f.a.a. background paper that was sent by the a.g. and by the d.n.i. to congress last february. that document was earlier made a part of the record at my request. this paper describes the f.a.a. authorities in some detail and it highlights the layers of yoamptd by all three branches -- oversight by all three branches of government. these oversight mechanisms are there primarily to protect u.s. persons, and i can tell you f
similar to the authorities in title one of fisa, section 703 and 704 allow the fisa court to authorize collection against certain u.s. persons overseas. before the f.a.a., this type of collection was authorized by the attorney general and not by a court. the f.a.a. enhanced the protections for u.s. persons by requiring individual fisa court orders based on probable cause at the u.s. person is a foreign power, agent of a foreign power or an officer or employee of a foreign power. as i understand...
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Dec 29, 2012
12/12
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they also approved a five-year extension of fisa, the foreign intelligence surveillance act, which allows the government to conduct surveillance on foreign targets without individual court orders. that bill heads to the president was expected to sign it. as for the congressional leaders, they met with the white house. afterwards, the president told reporters that senate majority praetor -- senate majority leader harry reid and minority leader mitch mcconnell are continuing to try to come to a agreement. if they did not, the president has asked senator reid to introduce a basic package for an up or down vote. they will continue legislative business sunday. the house live at 2:00 p.m. sunday, with bullets as early as 6:00 p.m. eastern. the senate is in at 1:00 p.m. eastern, live on c-span2. >> also today on capitol hill, senator carl levin and john mccain of for their ideas for bypassing filibuster's to take up legislation, a counterproposal to another plan that would have to change the senate rules to a simple majority vote. it spoke to reporters for about half an hour. -- they spoke to re
they also approved a five-year extension of fisa, the foreign intelligence surveillance act, which allows the government to conduct surveillance on foreign targets without individual court orders. that bill heads to the president was expected to sign it. as for the congressional leaders, they met with the white house. afterwards, the president told reporters that senate majority praetor -- senate majority leader harry reid and minority leader mitch mcconnell are continuing to try to come to a...